Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and cr ....Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and criminal justice agencies, and the implications for policing, courts, and prison administration. This should provide significant benefits for policy-makers and practitioners, by articulating emerging and unexplored practices that have major consequences for community safety, social cohesion and the rule-of-law.Read moreRead less
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to ....Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to adjudication. Drawing on judicial interviews and on national court analysis, it will produce a groundbreaking book reimagining ICC cases through a feminist judgement approach and a provide valuable online toolbox for judges and academics. It will advance Australia's commitment to gender justice internationally.
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Australian violence: understanding victimisation through history. This project aims to undertake the first national study to investigate longitudinal trends in the history of interpersonal violence in Australia. Interpersonal violence is a major national challenge and violence prevention is a policy concern. By analysing case-level data for ten thousand criminal prosecutions over modern Australian history, the project will assess long-term trends in violent events and their relation to historica ....Australian violence: understanding victimisation through history. This project aims to undertake the first national study to investigate longitudinal trends in the history of interpersonal violence in Australia. Interpersonal violence is a major national challenge and violence prevention is a policy concern. By analysing case-level data for ten thousand criminal prosecutions over modern Australian history, the project will assess long-term trends in violent events and their relation to historical change. Tracking the rise and fall of prosecuted violence, the project will test current scholarly understanding about the history of violence, yield new insights about historical victimisation, and provide a critical background for understanding contemporary violence.Read moreRead less
Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognit ....Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognitive impairment in three jurisdictions. This is intended to inform scholarly and public debates and to contribute to policies and practices that reduce inequality and enhance justice.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210100586
Funder
Australian Research Council
Funding Amount
$440,000.00
Summary
The Digital Criminal Justice Project: Vulnerability and the Digital Subject. Digital technologies are rapidly transforming the criminal justice system, with audio visual links replacing physical presence in courtrooms and direct human communication. But are these technologies delivering fair criminal justice? This project aims to examine the scope and impact of digital justice on vulnerable users. It expects to generate new knowledge on digital justice and vulnerability using comparative law, in ....The Digital Criminal Justice Project: Vulnerability and the Digital Subject. Digital technologies are rapidly transforming the criminal justice system, with audio visual links replacing physical presence in courtrooms and direct human communication. But are these technologies delivering fair criminal justice? This project aims to examine the scope and impact of digital justice on vulnerable users. It expects to generate new knowledge on digital justice and vulnerability using comparative law, interviews and observations across three countries. Expected outcomes include a model of digital vulnerability and strategies to address digital inequality. This should significantly benefit policy-makers, practitioners and public confidence in the justice system during this period of digital transformation.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL220100088
Funder
Australian Research Council
Funding Amount
$3,472,660.00
Summary
A First Nations Sovereign Approach to Decolonising Colonial Institutions. This Laureate Fellowship aims to fundamentally re-make Australia’s colonial legal institutions in order to remove the harm they currently do to Indigenous people and communities. It is well known that colonial legal institutions such as the criminal justice system, coronial processes and child protection systems continue to have significant negative impacts on First Nations Australians in the twenty-first century. Research ....A First Nations Sovereign Approach to Decolonising Colonial Institutions. This Laureate Fellowship aims to fundamentally re-make Australia’s colonial legal institutions in order to remove the harm they currently do to Indigenous people and communities. It is well known that colonial legal institutions such as the criminal justice system, coronial processes and child protection systems continue to have significant negative impacts on First Nations Australians in the twenty-first century. Researchers have not yet been able to answer the question of how we can best decolonise colonial legal systems. This project hypothesises that we can drive positive change by theorising and developing a coherent strengths-based self-determination model that is applicable across legal and regulatory sectors.Read moreRead less
Preventing Water Theft in the Murray-Darling Basin. This Project aims to understand the complex interaction of socio-economic, legal and political factors that have enabled the theft of fresh water in the Murray-Darling Basin. By analysing the policies and regulations governing freshwater management, this project expects to generate new knowledge of the extent and types of water theft, offenders processed, penalties delivered, and the performance and operations of regulatory and enforcement agen ....Preventing Water Theft in the Murray-Darling Basin. This Project aims to understand the complex interaction of socio-economic, legal and political factors that have enabled the theft of fresh water in the Murray-Darling Basin. By analysing the policies and regulations governing freshwater management, this project expects to generate new knowledge of the extent and types of water theft, offenders processed, penalties delivered, and the performance and operations of regulatory and enforcement agencies. The expected outcomes include new research strategies for water theft prevention. This will benefit national security and community health by contributing to a sustainable and equitable supply of fresh water.Read moreRead less
Seeking 'Closure' in Unsolved Homicide Cases. The project aims to transform conceptual understandings of ‘closure’ by studying the experiences of bereaved families and frontline police confronting unsolved homicide. Through fieldwork and interviews, it will research how police and families struggle to manage feelings of loss, frustration, blame and failure. The project will craft new language and narrative modes to better situate feelings of grief, confusion and non-resolution, and help people ....Seeking 'Closure' in Unsolved Homicide Cases. The project aims to transform conceptual understandings of ‘closure’ by studying the experiences of bereaved families and frontline police confronting unsolved homicide. Through fieldwork and interviews, it will research how police and families struggle to manage feelings of loss, frustration, blame and failure. The project will craft new language and narrative modes to better situate feelings of grief, confusion and non-resolution, and help people comprehend and ultimately even find meaning in these experiences. Results will lead to significantly improved communication between families and police, to the development of more effective support strategies, and will have social and cultural applications far and beyond the justice system.Read moreRead less